83_FR_31014 83 FR 30887 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gulf of Maine Haddock Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

83 FR 30887 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gulf of Maine Haddock Trimester Total Allowable Catch Area Closure for the Common Pool Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 127 (July 2, 2018)

Page Range30887-30888
FR Document2018-14185

This action closes the Gulf of Maine Haddock Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with trawl gear, sink gillnet gear, and longline/hook gear. The closure is required because the common pool fishery is projected to have caught over 90 percent of its Trimester 1 quota for Gulf of Maine haddock. This closure is intended to prevent an overage of the common pool's quota for this stock.

Federal Register, Volume 83 Issue 127 (Monday, July 2, 2018)
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30887-30888]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14185]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XG318


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Gulf of Maine Haddock Trimester Total Allowable 
Catch Area Closure for the Common Pool Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; area closure.

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SUMMARY: This action closes the Gulf of Maine Haddock Trimester Total 
Allowable Catch Area to Northeast multispecies common pool vessels 
fishing with trawl gear, sink gillnet gear, and longline/hook gear. The 
closure is required because the common pool fishery is projected to 
have caught over 90 percent of its Trimester 1 quota for Gulf of Maine 
haddock. This closure is intended to prevent an overage of the common 
pool's quota for this stock.

DATES: This action is effective June 29, 2018, through August 31, 2018.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management 
Specialist, (978) 281-9232.

SUPPLEMENTARY INFORMATION: Federal regulations at Sec.  
648.82(n)(2)(ii) require the Regional Administrator to close a common 
pool Trimester Total Allowable Catch (TAC) Area for a stock when 90 
percent of the Trimester TAC is projected to be caught. The closure 
applies to all common pool vessels fishing with gear capable of 
catching that stock, and remains in effect for the remainder of the 
trimester. During the closure, common pool vessels fishing with trawl 
gear, sink gillnet gear, and longline/hook gear may not fish for, 
harvest, possess, or land regulated multispecies or ocean pout in or 
from the Trimester TAC Area for the stock.
    The Trimester 1 TAC for Gulf of Maine (GOM) haddock is 26.3 mt 
(57,982 lb). Based on catch data through June 17, 2018, the common pool 
fishery is projected to have caught 29.4 mt (64,792 lb) of GOM haddock, 
or 112 percent of the Trimester 1 TAC. Effective June 29, 2018, the GOM 
Haddock Trimester TAC Area is closed for the remainder of Trimester 1, 
through August 31, 2018. The GOM Haddock Trimester TAC Area consists of 
statistical areas 513, 514, and 515. During the closure, common pool 
vessels fishing with trawl gear, sink gillnet gear, and longline/hook 
gear may not fish for, harvest, possess, or land regulated multispecies 
or ocean pout in or from this area. The area reopens at the beginning 
of Trimester 2 on September 1, 2018.
    If a vessel declared its trip through the Vessel Monitoring System 
(VMS) or the interactive voice response system, and crossed the VMS 
demarcation line prior to June 29, 2018, it may complete its trip 
within the GOM Haddock Trimester TAC Area. A vessel that has set its 
sink gillnet gear prior to June 29, 2018, may complete its trip by 
hauling such gear.
    If the common pool fishery exceeds its total quota for a stock in 
the 2018 fishing year, the overage must be deducted from the common 
pool's quota for that stock for fishing year 2019. Weekly quota 
monitoring reports for the common pool fishery are on our website at: 
http://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch 
through vessel trip reports, dealer-reported landings, VMS catch 
reports, and other available information and, if necessary, will make 
additional adjustments to common pool management measures.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866. The Assistant Administrator for 
Fisheries, NOAA, finds good cause pursuant to 5 U.S.C. 553(b)(B) and 5 
U.S.C. 553(d)(3) to waive prior notice and the opportunity for public 
comment and the 30-day delayed effectiveness period because it would be 
impracticable and contrary to the public interest.
    The regulations require the Regional Administrator to close a 
trimester TAC area to the common pool fishery when 90 percent of the 
Trimester TAC for a stock has been caught. Updated catch information 
through June 17, 2018, only recently became available indicating that 
the common pool fishery is projected to have caught 112 percent of its 
Trimester 1 TAC for GOM haddock. The time necessary to provide for 
prior notice and comment, and a 30-day delay in effectiveness, would 
prevent the immediate closure of the GOM Haddock Trimester TAC Area. 
This would be contrary to the regulatory requirement and would increase 
the magnitude of the Trimester 1 closure and the likelihood that the 
common pool fishery would exceed its annual quota of GOM haddock. Any 
overage of the Trimester 1 or Trimester 2 TACs are deducted from the 
Trimester 3 TAC, and any

[[Page 30888]]

overage of the annual quota would be deducted from common pool's quota 
for the next fishing year, to the detriment of this stock. This could 
undermine conservation and management objectives of the Northeast 
Multispecies Fishery Management Plan. Fishermen expect these closures 
to occur in a timely way to prevent overages and their payback 
requirements. Overages of the trimester or annual common pool quota 
could cause negative economic impacts to the common pool fishery as a 
result of overage paybacks deducted from a future trimester or fishing 
year.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: June 27, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-14185 Filed 6-29-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                  Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations                                            30887

                                             of three swordfish per vessel per trip in               DEPARTMENT OF COMMERCE                                 During the closure, common pool
                                             the Northwest Atlantic and Gulf of                                                                             vessels fishing with trawl gear, sink
                                             Mexico regions, and two swordfish per                   National Oceanic and Atmospheric                       gillnet gear, and longline/hook gear may
                                             vessel per trip in the U.S. Caribbean                   Administration                                         not fish for, harvest, possess, or land
                                             region. Limiting opportunities to harvest                                                                      regulated multispecies or ocean pout in
                                             available directed swordfish quota may                  50 CFR Part 648                                        or from this area. The area reopens at
                                             have negative social and economic                       [Docket No. 151211999–6343–02]
                                                                                                                                                            the beginning of Trimester 2 on
                                             impacts for U.S. fishermen. Adjustment                                                                         September 1, 2018.
                                                                                                     RIN 0648–XG318                                            If a vessel declared its trip through the
                                             of the retention limits needs to be
                                                                                                                                                            Vessel Monitoring System (VMS) or the
                                             effective on July 1, 2018, to allow SWO                 Fisheries of the Northeastern United                   interactive voice response system, and
                                             General Commercial permit holders and                   States; Northeast Multispecies                         crossed the VMS demarcation line prior
                                             HMS Charter/Headboat permit holders                     Fishery; Gulf of Maine Haddock                         to June 29, 2018, it may complete its trip
                                             with a commercial endorsement to                        Trimester Total Allowable Catch Area                   within the GOM Haddock Trimester
                                             benefit from the adjustment during the                  Closure for the Common Pool Fishery                    TAC Area. A vessel that has set its sink
                                             relevant time period, which could pass                                                                         gillnet gear prior to June 29, 2018, may
                                                                                                     AGENCY:  National Marine Fisheries
                                             by for some fishermen, particularly in                                                                         complete its trip by hauling such gear.
                                                                                                     Service (NMFS), National Oceanic and
                                             the Northwest Atlantic region who have                                                                            If the common pool fishery exceeds
                                                                                                     Atmospheric Administration (NOAA),
                                             access to the fishery during a short time               Commerce.                                              its total quota for a stock in the 2018
                                             period because of seasonal fish                                                                                fishing year, the overage must be
                                                                                                     ACTION: Temporary rule; area closure.
                                             migration, if the action is delayed for                                                                        deducted from the common pool’s quota
                                             notice and public comment.                              SUMMARY:    This action closes the Gulf of             for that stock for fishing year 2019.
                                             Furthermore, the public was given an                    Maine Haddock Trimester Total                          Weekly quota monitoring reports for the
                                             opportunity to comment on the                           Allowable Catch Area to Northeast                      common pool fishery are on our website
                                             underlying rulemakings, including the                   multispecies common pool vessels                       at: http://www.greateratlantic.
                                             adoption of the North Atlantic                          fishing with trawl gear, sink gillnet gear,            fisheries.noaa.gov/ro/fso/
                                             swordfish U.S. quota, and the retention                 and longline/hook gear. The closure is                 MultiMonReports.htm. We will continue
                                                                                                     required because the common pool                       to monitor common pool catch through
                                             limit adjustments in this action would
                                                                                                     fishery is projected to have caught over               vessel trip reports, dealer-reported
                                             not have any additional effects or
                                                                                                     90 percent of its Trimester 1 quota for                landings, VMS catch reports, and other
                                             impacts since the retention limit does                                                                         available information and, if necessary,
                                             not affect the overall quota. Thus, there               Gulf of Maine haddock. This closure is
                                                                                                     intended to prevent an overage of the                  will make additional adjustments to
                                             would be little opportunity for                                                                                common pool management measures.
                                             meaningful input and review with                        common pool’s quota for this stock.
                                             public comment on this action.                          DATES: This action is effective June 29,               Classification
                                             Therefore, the AA finds good cause                      2018, through August 31, 2018.                            This action is required by 50 CFR part
                                             under 5 U.S.C. 553(b)(B) to waive prior                 FOR FURTHER INFORMATION CONTACT:                       648 and is exempt from review under
                                             notice and the opportunity for public                   Spencer Talmage, Fishery Management                    Executive Order 12866. The Assistant
                                             comment. For all of the above reasons,                  Specialist, (978) 281–9232.                            Administrator for Fisheries, NOAA,
                                             there is also good cause under 5 U.S.C.                 SUPPLEMENTARY INFORMATION: Federal                     finds good cause pursuant to 5 U.S.C.
                                             553(d) to waive the 30-day delay in                     regulations at § 648.82(n)(2)(ii) require              553(b)(B) and 5 U.S.C. 553(d)(3) to
                                             effectiveness.                                          the Regional Administrator to close a                  waive prior notice and the opportunity
                                                                                                     common pool Trimester Total                            for public comment and the 30-day
                                                This action is being taken under 50                  Allowable Catch (TAC) Area for a stock                 delayed effectiveness period because it
                                             CFR 635.24(b)(4) and is exempt from                     when 90 percent of the Trimester TAC                   would be impracticable and contrary to
                                             review under Executive Order 12866.                     is projected to be caught. The closure                 the public interest.
                                                Authority: 16 U.S.C. 971 et seq. and 1801            applies to all common pool vessels                        The regulations require the Regional
                                             et seq.                                                 fishing with gear capable of catching                  Administrator to close a trimester TAC
                                                                                                     that stock, and remains in effect for the              area to the common pool fishery when
                                               Dated: June 26, 2018.
                                                                                                     remainder of the trimester. During the                 90 percent of the Trimester TAC for a
                                             Margo B. Schulze-Haugen,                                closure, common pool vessels fishing                   stock has been caught. Updated catch
                                             Acting Director, Office of Sustainable                  with trawl gear, sink gillnet gear, and                information through June 17, 2018, only
                                             Fisheries, National Marine Fisheries Service.           longline/hook gear may not fish for,                   recently became available indicating
                                             [FR Doc. 2018–14116 Filed 6–27–18; 11:15 am]            harvest, possess, or land regulated                    that the common pool fishery is
                                             BILLING CODE 3510–22–P                                  multispecies or ocean pout in or from                  projected to have caught 112 percent of
                                                                                                     the Trimester TAC Area for the stock.                  its Trimester 1 TAC for GOM haddock.
                                                                                                        The Trimester 1 TAC for Gulf of                     The time necessary to provide for prior
                                                                                                     Maine (GOM) haddock is 26.3 mt                         notice and comment, and a 30-day delay
                                                                                                     (57,982 lb). Based on catch data through               in effectiveness, would prevent the
                                                                                                     June 17, 2018, the common pool fishery                 immediate closure of the GOM Haddock
                                                                                                     is projected to have caught 29.4 mt                    Trimester TAC Area. This would be
                                                                                                     (64,792 lb) of GOM haddock, or 112                     contrary to the regulatory requirement
                                                                                                     percent of the Trimester 1 TAC.                        and would increase the magnitude of
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     Effective June 29, 2018, the GOM                       the Trimester 1 closure and the
                                                                                                     Haddock Trimester TAC Area is closed                   likelihood that the common pool fishery
                                                                                                     for the remainder of Trimester 1,                      would exceed its annual quota of GOM
                                                                                                     through August 31, 2018. The GOM                       haddock. Any overage of the Trimester
                                                                                                     Haddock Trimester TAC Area consists                    1 or Trimester 2 TACs are deducted
                                                                                                     of statistical areas 513, 514, and 515.                from the Trimester 3 TAC, and any


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                                             30888                Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations

                                             overage of the annual quota would be                    timely way to prevent overages and                       Authority: 16 U.S.C. 1801 et seq.
                                             deducted from common pool’s quota for                   their payback requirements. Overages of                  Dated: June 27, 2018.
                                             the next fishing year, to the detriment of              the trimester or annual common pool                    Margo B. Schulze-Haugen,
                                             this stock. This could undermine                        quota could cause negative economic
                                             conservation and management                                                                                    Acting Director, Office of Sustainable
                                                                                                     impacts to the common pool fishery as                  Fisheries, National Marine Fisheries Service.
                                             objectives of the Northeast Multispecies                a result of overage paybacks deducted
                                             Fishery Management Plan. Fishermen                                                                             [FR Doc. 2018–14185 Filed 6–29–18; 8:45 am]
                                                                                                     from a future trimester or fishing year.
                                             expect these closures to occur in a                                                                            BILLING CODE 3510–22–P
daltland on DSKBBV9HB2PROD with RULES




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Document Created: 2018-06-30 00:18:13
Document Modified: 2018-06-30 00:18:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; area closure.
DatesThis action is effective June 29, 2018, through August 31, 2018.
ContactSpencer Talmage, Fishery Management Specialist, (978) 281-9232.
FR Citation83 FR 30887 
RIN Number0648-XG31

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